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The Chance for a Free Speech Do-Over

Will the Supreme Court finally overturn McCain-Feingold and enforce the First Amendment?

By

Theodore B. Olson

Updated Sept. 7, 2009 7:04 p.m. ET

Public discussion about the character and fitness for office of presidential candidates is at the core of the First Amendment's command that "Congress shall make no law . . . abridging the Freedom of Speech." Yet Congress, in its zeal to impose onerous campaign-finance restrictions, has made political speech a felony for one class of speakers. Corporations and unions can face up to five years in prison for broadcasting candidate-related advocacy during federal elections.